Press Releases

FOR IMMEDIATE RELEASE

Rochester Hills Voting Rights On Hold

October 8, 2014
Rochester Hills, MI

Don’t Drill the Hills, Inc (DDHI) awaits the decision by Oakland County Circuit Court Judge James Alexander on Rochester Hills residents’ right to vote on the City’s oil lease for our park lands and cemetery property. He announced that his decision will be deferred, pending further review. We feel it was a productive day in court as our attorney laid out compelling arguments as to why Rochester Hills Mayor Bryan Barnett and City Council overstepped their authority in denying the residents a vote prior to signing this lease, and why resident’s voice and vote should be restored.

This lawsuit was brought forth by DDHI (a bi-partisan grass-roots community organization of concerned residents) because we strongly believe Rochester Hills Mayor Bryan Barnett and City Council violated a 2011 Charter Amendment which states that City-owned parks cannot be sold, leased, or converted to a non-recreation or non-conservation use without prior approval of the City’s voters in an open election.

The Mayor and City Council has been dismissive of 10 months of packed public comment, resident arranged meetings with local and state officials, and resident pleas for their right to vote on an oil lease for two public parks and a cemetery in the midst of subdivisions and schools. Instead, Rochester Hills City officials pressed on with their unilateral decision to sign this lease and deny their residents a vote.

We feel that both the letter and intent of the law are clear in this case and we are confident Judge James Alexander’s ruling will be in our favor.

September 9th March for Oil-Free Neighborhoods and Response to Senate Bill 1026

September 8, 2014
Rochester Hills, MI

Don’t Drill the Hills, Inc (DDHI) is proud to be part of shaping the conversation on issues specific to oil/gas exploration in high density residential areas at both the State and local level. A delegation from DDHI will be joining a number of grassroots groups who share similar concerns in the March for Oil-Free Neighborhoods in Lansing on Tuesday, September 9, 2014. DDHI members will be speaking with State legislators and engaging directly on issues including discussion of Senate Bill 1026. This bill, touted by Rochester Hills officials as a “game changer” to return local control, has deep flaws.

Essentially, the bill merely adds the procedural step of public hearings, then grants the State’s Supervisor of Wells power to issue the drilling permit regardless of local objections if it would “prevent waste” of valuable natural resources, and if no other “reasonable alternative location” can be secured. Where is the local control?

Recognizing that the City’s drilling moratorium is temporary and difficult to enforce, DDHI continues its months-long efforts to encourage Rochester Hills officials to:

Work on local control via enforceable municipal ordinances: 1500 foot setbacks from residences and K-12 schools, zoning for production facilities, as well as nuisance ordinances: smell, dust, noise, light.

Rescind the City oil lease for parks and a cemetery in the middle of subdivisions and schools; a lease which was not voter approved.

It remains to be seen if SB 1026 can be amended to provide residential areas the protections it purports, or if this was perhaps intended to be a “game changer” for election season, as some fear.

DDHI and other groups against drilling in high density residential and school zones are steadfast in their commitment to see these efforts through. We look forward to working productively in this process.

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Don’t Drill the Hills, Inc. is a non-partisan grassroots nonprofit corporation that is building awareness of the risks of horizontal drilling in high-density residential and K-12 School areas. Concerns include: property rights, property values, mortgage and insurance complications, as well as potential environmental and health risks.

Don’t Drill the Hills, Inc. files lawsuit against City of Rochester Hills for Charter Violation

Don’t Drill the Hills, Inc. (DDHI), is a non-profit, grassroots group of local citizens opposed to oil and gas drilling projects in their community. The group filed legal action today against the City of Rochester Hills for signing a lease for oil and gas exploration of City-owned park and cemetery properties. DDHI believes this violates the City’s Charter, Michigan statute, and is a violation of public trust. The group seeks a declaratory ruling from the Court that the lease is void.

With the approval of Rochester Hills City Council, Mayor Bryan Barnett signed a lease with Jordan Development Company, LLC (Jordan) on January 15, 2013. The lease allows Jordan and West Bay Exploration Company to use horizontal drilling to explore for, extract, and sell oil/gas from Tienken Park, Nowicki Park and Stoney Creek Cemetery. Given the lease’s swift passage, there are concerns the City did not perform proper investigatory due diligence.

At issue is a resident-driven 2011 City Charter Amendment. The amendment states that City-owned parks cannot be sold/leased or converted to a non-recreation or non-conservation use, without approval of the City’s voters in an open election. The City Charter protects not just the surface of the park land in Rochester Hills, but the entire property, including its subsurface resources.

The lawsuit asserts that by signing a lease with Jordan, the Mayor and City Council:

Violated Michigan law (MCL 117.5(e)) which requires voter approval for the sale of city parks and cemeteries designated as such in the City’s Master Plan.

Acted beyond the scope of their power, and took away the citizen’s right to vote on the lease.

“We worked hard in a City-wide effort to amend the Charter in 2011 to protect our parks and ensure our beautiful city retains its residential character”, said a DDHI Spokesperson Erin Howlett. “Rochester Hills voters saw the need for this added protection, initiated the Charter amendment, approved it overwhelmingly at the ballot box, and the City needs to honor it.”

Since the city signed the lease, Jordan has targeted land owners and homeowner associations to lease their property’s mineral rights. As local awareness has grown, residents have spoken out against horizontal drilling in dense residential areas with concerns over property rights, property values, environmental risks, tanker traffic, transparency in the process, and most importantly, the risks to the families that live in the 65 affected subdivisions and attend the 8 schools in the proposed drilling zone (along Tienken Road from Squirrel Road east to Stoney Creek High School).

The City’s parks and natural resources need to be protected for future generations. This lawsuit strives to make that a reality. Jeannie Morris, DDHI Member notes: “Although the City proclaims its ‘green’ initiatives and environmental successes, the City’s oil/gas lease is not in line with those values. We believe the Rochester Hills Council and Mayor Barnett have violated the City Charter, Michigan law, and the trust of residents.”

Rochester Hills residents should be informed and get involved. Attend the meeting, and visit Don’t Drill the Hills’ website or Facebook page to learn more, and to find out what residents can do.

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Don’t Drill The Hills (DDH) is a local, non-partisan grassroots group that is building awareness of the risks of horizontal drilling in high density residential and K-12 school areas. Concerns include: property rights, property values, mortgage and insurance complications, as well as potential environmental risks.

Don’t Drill the Hills (DDH) organizers appealed to Oakland County Water Commissioner, Jim Nash, to host a town hall meeting in the Rochester area regarding the potential impacts of horizontal drilling and enhanced oil recovery methods. Last night, over two hundred and fifty people crowded into Rochester High School to participate in the event which included presentations as well as a question and answer period.

“We want our residents to be informed and learn about topics that can affect our quality of life,” Nash said in a statement. “As more and more leases are being signed in Rochester Hills and across the county, residents need to know how this industry can affect the environment.”

Hal Fitch, Chief of the Office of Oil, Gas, and Minerals (OOGM) of the State regulatory agency Michigan Department of Environmental Quality (MDEQ) was invited to speak in counterpoint to Mr. Nash. Unfortunately, Mr. Fitch decided to not participate, citing his concerns the evening would turn into an “emotional debate.” However, Fitch later informed a DDH organizer he would be willing to take part in an informational forum in our area in the future.

“We are really looking for balanced information and transparency in the process”, said Jeannie Morris, a member of DDH. “The City of Rochester Hills approved leases for the parks surrounding us in December of 2012. We’re still waiting for a hearing or informational forum from the City to help us gather accurate data so that we can make informed decisions.”

# # #

Don’t Drill the Hills (DDH) is a local, non-partisan grassroots group that is building awareness of the risks of horizontal drilling in high density residential and K-12 school areas. Concerns include: property rights, property values, mortgage and insurance complications, as well as potential environmental risks.